R v Luis Miguel Calado

R v Luis Miguel Calado

The judge applied the relevant sentencing guidelines, considered aggravating and mitigating factors, and imposed consecutive sentences for separate sets of offences and the activated suspended sentence. The overall sentence was not manifestly excessive and the principle of totality was sufficiently considered.

Parties
Appellant: Luis Miguel Calado; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
07 December 2022
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sexual Offences, Sentencing, Totality Principle, Suspended Sentence Activation
Criminal Law Sexual Offences Sentencing Totality Principle Suspended Sentence Activation

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Parties

Luis Miguel Calado

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the overall sentence was manifestly excessive
  2. 2 Whether the principle of totality was correctly applied
  3. 3 Whether activation of the suspended sentence should have been consecutive

Ratio Decidendi

The judge applied the relevant sentencing guidelines, considered aggravating and mitigating factors, and imposed consecutive sentences for separate sets of offences and the activated suspended sentence. The overall sentence was not manifestly excessive and the principle of totality was sufficiently considered.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.